TaxTMI 
TaxTMI 
Service tax on rented commercial premises
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....ervice tax on rented commercial premises<br> Query (Issue) Started By: - Jignesh Shah Dated:- 24-2-2010 Last Reply Date:- 25-3-2010 Service Tax<br>Got 4 Replies<br>Service Tax<br>Is Servict Tax to be collected and paid on rented commercial premises as of now? There still seems to be some confusion in tax-payers' mind. Please give clarity. Reply By MOHAN S: The Reply: As the Supreme Court has refus....
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....ed to grant Stay of the Delhi High Court Judgment which has quashed the levy of Service tax on Renting of Commercial Property, the tax payer is not liable to be charged the service tax. Recently the Delhi High Court has considered this issue and Hon.HC has categorically held that no coercive steps should be taken and no letters demanding Service tax on Renting of Immovable property be issued by th....
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....e Department as no stay has been granted on this issue by the Hon.SC. The learned Additional Solicitor General appearing for the Baord, assured the Court that corrective steps shall be taken by issuing further instructions, in supersession of earlier instructions, to the officers not to write such letters demanding the payment of service tax or threatening coercive steps. Reply By RAJESH MANGAL: T....
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....he Reply: In the Budget 2010,this aspect was taken care of and renting it self is proposed to be a taxable service retrospectively w.e.f.01.06.2007. However in my opinion this aspect is taxable only after the assent of the Finance Bill. Reply By Rama Krishana: The Reply: Yes, since the amendment is retrospective, you should start paying service tax as soon as possible. However, an optimistic asses....
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....see may wait for rollback by the Finance Minister, but keeping in view the political issues raised and answered by the government, I am of the view that there would not be any roll back. Therefore, you should start payment service tax on renting of immovable property. Simultaneously you may keep into the mind the normal period of limitation of one year since no demand beyond the normal period of l....
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....imitation of one year can sustain since the intention of legislature was not clear as admitted by the legislature while making the retrospective amendment. Reply By Anish Jain: The Reply: wait till finance bill is converted into act.<br> Discussion Forum - Knowledge Sharing ....